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Poll: Most minds made up on Michigan pot legalization proposal, but attacks escalate

Lansing — A ballot initiative to legalize recreational marijuana and retail sales in Michigan remains popular with voters but faces a late push from opponents running television attack ads in an effort to defeat the measure.

A majority of Michigan voters support Proposal 1, according to an Oct. 25-27 poll of 600 likely voters conducted for The Detroit News and WDIV. Fifty-seven percent of respondents said they would vote for the legalization initiative compared with 40 percent who were opposed.

The 17-percentage-point margin bodes well for the Coalition to Regulate Marijuana Like Alcohol, and the findings indicate 2.8 percent of voters remain undecided on the measure. The survey had a margin of error of plus-minus 4 percentage points.

“Voters know where they stand on the issue of legalization,” said Glengariff Group pollster Richard Czuba. “But the one red flag I’d wave here is that if younger voters don’t materialize at the polls, this is going to be a closer proposal than it's polling at right now.”

Early returns suggest opposition among absentee ballot voters, a group that typically includes older voters who are less supportive of marijuana legalization, Czuba said. Proposal 1 polled at 86 percent support among 18- to 29-year-olds but 38.5 percent backing among respondents over the age of 65.

A ballot proposal to create no-reason absentee voting and same-day voter registration had a comfortable double-digit lead in the same poll. There also was a double-digit lead for a proposal to establish a redistricting commission to draw political boundaries every 10 years instead of the party in power, but Czuba warned a late opposition campaign could make the contest more competitive.

The pro-legalization campaign was outspent by foes in the three months between July 21 and Oct. 21. But both sides are pulling in large, last-minute contributions and plan to spend heavily on advertising in the final week before Tuesday's election.

Healthy and Productive Michigan, the opposition committee endorsed by various law enforcement and prosecutor groups, has reported a slew of recent five- and six-figure contributions from business organizations and corporations.

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Smart Approaches to Marijuana, a Virginia-based group, has contributed to a Michigan committee opposing marijuana legalization under Proposal 1. Big tobacco and other big-money interest groups stand to make most of the money from the proposal, while poor people and families will suffer from it, said Kevin Sabet, president of Smart Approaches to Marijuana. (Photo: John T. Greilick, Detroit News)

Television attack ads may be the opposition's only hope of defeating the proposal, Czuba said.

“There’s a window of opportunity," he said, "but what they really have to do is take people who are leaning toward the proposal and give them a really good reason not to support it.”

While 57 of voters said they were likely to vote for the measure, only 43 percent said they "strongly" support it. The other 14 percent who "somewhat" support the measure could still be persuadable, Czuba said.

"We're certainly not at a point where we think this is a done deal," said Scott Greenlee, who heads the opposition campaign. "We're pleased a number of folks have come to the table late and allowed us to get our messaging out to voters who are undecided or who are maybe decided but learning new information."

The pro-legalization campaign is "trying not to put too much stock into the polls," said spokesman Josh Hovey. "The opposition's advertising is only just started, and I'm assuming things will tighten up quite a bit."

But the consistency of recent polling suggests "the over-the-top hyperbole and blatant scare tactics" used to defeat the proposal aren't working, Hovey said.

A television attack ad that began airing last week warns that legalizing marijuana would allow for the sale of ice creams, cookies and candies with unlimited potency "making our way into our schools and playgrounds, putting the lives of our children and grandchildren at stake." The ad features a father whose 16-year-old son died in a marijuana-related car crash.

The ad makes "completely false" and "blatantly misleading" claims, said Hovey, who noted the initiative would allow the state to create rules limiting the potency of edible products, prohibit candies shaped like gummy bears that might appeal to kids and require the amount of active drug to be listed on product labels.

But potency limits should have been written directly into the law, Greenlee argued.

"What (the Department of Licensing and Regulatory Affairs) is going to do in the future we have no control over," he said. "They are going to have the opportunity to approve products that have 99 percent potency. We know that's what the marijuana industry will push for.

The proposal would allow for adults over the age of 21 to possess up to 2.5 ounces of marijuana. It would not authorize driving while under the influence of marijuana, which is already illegal, but critics fear it could lead to higher rates if the drug is more easily available.

The Coalition to Regulate Marijuana Like Alcohol began running television ads in recent days, Hovey said. One ad that began online features a retired state police trooper suggesting prohibition has “clogged the courts with pointless marijuana arrests” and forced law enforcement to spend time on cases that do not make the state safer.

Smarter Approaches to Marijuana, a national group that fights recreational legalization, has kicked in more than $1 million in cash and in-kind contributions for the opposition campaign. Michigan Energy First, a nonprofit led by DTE Energy's director of state government affairs, recently contributed $250,000.

The Dow Chemical Corp. of Midland donated $100,000 over the weekend. The opposition group has also reported late contributions of $50,000 each from ITC Holdings of Novi, Business Leaders for Michigan and Haworth Inc. of Holland.

Businesses "understand this is going to be a disaster for Michigan's economy," Greenlee said, pointing to company fears that marijuana residue, which stays in a user's system for weeks, could lead to more drug test failures and firings, limiting the workforce pool.

Some arguments from business groups appear to be "completely misguided," Hovey argued. "Proposal 1 protects business' rights to maintain their existing drug-free workplace policies."

The president of the National Business League, a black business group, is expected to endorse the legalization proposal on Wednesday. The Detroit NAACP came out against the measure last week.

Healthy and Productive Michigan spent more than $446,000 between July 21 and Oct. 21 and ended the period with nearly $700,000 in cash reserves.

The pro-legalization campaign spent roughly $399,000 during the same time and ended the reporting period with $151,000 in the bank. But it has also reported a series of late contributions from national advocacy groups, including the New Approach PAC, which donated more than $954,000 over the weekend. The Marijuana Policy Project has spent more than $554,000 on the initiative.

"We're matching them dollar-for-dollar, gross (television) rating point for gross rating point," Hovey said.
 
An announcement was just made. The state was sued and now the provisioning centers will be allowed to stay open until December 15, 2018.

Stand by for the next change of their collective minds.... :shakehead:

The dispensaries must be going nuts. The one I go to has been having specials trying to get rid of stock. Now they're probably :BangHead: at the profit they've lost lol. This whole situation is ridiculous and doesn't bode well for how things will be handled if and when we go recreational. Or even if we don't....
And here it is


Judge stops Halloween shutdown for marijuana businesses


A state Court of Claims judge handed the state the ultimate Halloween trick on Tuesday by granting a temporary restraining order to stop a plan to shut down unlicensed medical marijuana businesses.

In his ruling, Court of Claims Judge Stephen Borrello said the plaintiffs in the case — First Class, Inc., a Lansing marijuana dispensary — had a good chance of winning its argument that the Oct. 31 deadline for medical marijuana businesses to either get a license or shut down was arbitrary and capricious. He ordered the state to be “enjoined and restrained from imposing any other deadline requiring the cessation of operations by (the) facilities.”

According to the state, 215 marijuana businesses have been operating under temporary emergency rules that expire on Wednesday. Before Borrello’s ruling, those businesses, mostly dispensaries and many in Detroit, were set to receive cease and desist letters on Thursday and would have had to close if they want to have any chance of getting a license in the future.

The state, which has approved licenses for 120 medical marijuana growers, processors, testing facilities, transporters and dispensaries, was pushing the Oct. 31 deadline as a way to get the medical marijuana market fully functioning. It wanted those businesses that have submitted incomplete applications to either get in the rest of their documentation and join the fully regulated and taxed market for legal medical weed or shut down.

But First Class Inc., a Lansing dispensary, was the second medical marijuana business to file suit against the deadline and Borrello sided with the business. The first business that filed a lawsuit on the deadline — Montrowe, a medical marijuana dispensary in Jackson — was awarded a license by the state on Monday.

David Harns, spokesman for the Bureau of Medical Marijuana Regulation, said the department had received a copy of the order and was reviewing it, but declined to comment further.

On Monday, the Medical Marijuana Licensing Board approved licenses for eight dispensaries: one each in Jackson, Burton, Omer, Ann Arbor and Pinconning and three in Detroit; three processors in Frederic, Pinconning and Jackson and three licenses for large grow operations in Au Gres. That brings the total number of licensed dispensaries in the state to 37.

It also denied 12 dispensary applications: one each in Jackson, Bay City, River Rouge and Ypsilanti, two in Flint and six in Detroit; one processor, and two growers.

So far, 804 applications have been received by the state, 64 licenses have been approved, 26 have been denied and 16 have been put on inactive status because the applicants haven’t turned in necessary information in a timely manner. The next licensing board meeting to consider license applications is Nov. 8.

Borrello scheduled a show cause hearing on the matter for 1 p.m Nov. 9.
 
I'd like to know why there aren't deadlines put on the folk approving these applications. :hmm: And am real thankful that I am not at the mercy of having to get my meds from a dispensary.

I'm telling you; this is a real watch what you wish for situation. And recreational is going to be worse. The current powers that be, who are controlling these laws and the rollout, are totally inept and not pushing for legalization. That's pretty clear.
 
I'd like to know why there aren't deadlines put on the folk approving these applications. :hmm: And am real thankful that I am not at the mercy of having to get my meds from a dispensary.

I'm telling you; this is a real watch what you wish for situation. And recreational is going to be worse. The current powers that be, who are controlling these laws and the rollout, are totally inept and not pushing for legalization. That's pretty clear.

We can change this next Tuesday. VOTE
 
Michigan approves recreational marijuana. What you need to know.

Michigan has become the first state in the Midwest to approve recreational use of marijuana, capping a years-long debate here over legalization.

Ballot Proposal 1, which legalizes the use and sale for adults 21 and older, was headed for victory, along with measures to appoint a nonpartisan commission to draw political districts and implement same-day voter registration.

Michigan joins nine other states and Washington, D.C. in permitting some form of recreational cannabis. Medical marijuana is legal in 31 states, including Missouri, whose voters approved an initiative for its use Tuesday night.

The ballot measure comes 10 years after Michigan voters approved the use of medical marijuana.

Here’s 11 questions and answers explaining what you need to know about the new law:

When does the law take effect?
About a month.

Michigan’s Constitution states that approved initiatives “take effect 10 days after the date of the official declaration of the vote.” That doesn’t happen until the election is certified by the Board of State Canvassers, a process that usually takes about three weeks, said Fred Woodhams, spokesman for Michigan’s Department of State.

Who can use marijuana?
You must be at least 21 years old to get or ingest cannabis in any form. Those under the age of 21 are not permitted to possess, consume, or sell marijuana products.

Once it takes effect, what can I do?
The law allows users to carry 2.5 ounces in public and at home have up to 10 ounces and 12 plants, as long as they are not grown in a location visible from outside.

What can’t I do?
Smoke in public. Or drive under the influence. That’s still illegal.

“The law is very clear on that,” said state Sen. Rick Jones, who sponsored a bill to pilot a new roadside saliva test for marijuana detection.

“It’s what they call zero tolerance. You may not have marijuana in your system driving.”

Possession is also illegal at K-12 schools or lands owned by the federal government, such as national forests or parks. And while individual users can grow plants, they can’t sell them. Sales of any cannabis product requires state licensing and testing before it hits the market.

Will police stop enforcing pot possession laws before it takes effect?
Marijuana is still illegal until the law goes into effect, so there’s a one-month window when users can still get arrested for pot in a state that voted to legalize it. Police likely will use discretion, experts say.

“I think it will depend on the seriousness – does a person have baggie in the trunk or a baggie in their pocket and appear to be driving impaired,” said Eric Lupher, president of the Citizens Research Council, a nonprofit public affairs research organization.

Can I run to the store to buy a joint and smoke it next month?
Not quite.

Personal possession and growth is legal as soon as the law takes effect, so sparking up isn’t an issue, said Josh Hovey, a spokesman for the Coalition to Regulate Marijuana Like Alcohol, which led the initiative.

The trick could be buying marijuana legally in the first place.

Michigan’s state and local governments must establish regulations before products hit the shelves. That will take at least two years, as the initiative gives the state’s Department of Licensing and Regulatory Affairs 24 months to create and start distributing licenses. LARA spokesman David Harns told Bridge “we anticipate waiting until the election results are certified [by the Board of State Canvassers] to discuss the particulars.”

"LARA is going to have its hands full," predicted Randy Richardville, the spokesman for Healthy and Productive Michigan, the major group that opposed Proposal 1.

That’s one government hurdle. Another is cities.

The ballot measure was unpopular among elected officials, and municipalities can opt out of allowing commercial sales if they do not want marijuana markets coming to town.

“To ban businesses entirely, communities will need to adopt a local ordinance or pass a referendum.” Hovey told Bridge. “But communities also have their local zoning and business laws to restrict or regulate marijuana businesses.”

Local governments can also place a limit on the number of businesses they allow instead of banning it outright.

Officials of Michigan’s big cities may not move quickly to get business rolling. Grand Rapids’ City Commission approved medical marijuana businesses this year, but has yet to begin accepting license applications. Suzanne Schulz of Grand Rapids’ City Planning Commission says the commissioners have not had any discussions about recreational marijuana.

City officials in Lansing in Detroit either didn’t respond or didn’t speculate on timelines when contacted by Bridge.

Wait. Isn’t marijuana still illegal under federal law?
Yes it is, so you keep your bud out of national parks and off of federal land. And many legal experts say landlords still can ban tenants from using marijuana even in states that legalized it.

U.S. Attorney General Jeff Sessions has taken a hardline stance against legalization and called on “all U.S. attorneys to enforce the laws enacted by Congress.” But that’s largely gone unenforced, and The Wall Street Journal reported “Mr. Sessions’ own prosecutors have yet to bring federal charges against pot businesses that are abiding by state law.”

The issue is far more complicated for business owners. In many states, because of bank regulations, marijuana remains a largely cash-only business, while there are serious tax implications because of the federal prohibition.

Are prior marijuana convictions impacted by the new legal status of the drug?
No, the law only impacts use going forward. The new legislation does not expunge prior convictions for marijuana crimes or commute sentences.

State Rep. Sheldon Neeley, D-Flint, in June proposed legislation in June to allow Michigan residents to apply for expungement of cannabis misdemeanors. The bill hasn’t gained traction.

Can I still get fired for using marijuana?
You bet.

Some industries, such as federal contractors or transportation workers, will still be required by the federal government to test for marijuana and fire users. Otherwise, drug tests are up to individual companies. State business leaders have indicated they will continue to penalize workers for negative drug tests to ensure workplace safety.

How likely is a lawsuit to block implementation?
Very, if the experience from other states is replicated in Michigan.

States that have adopted recreational marijuana have had numerous lawsuits over everything from local ordinances to the smell from marijuana production.

“I don’t know who would be involved, but is this going to cause a lot of litigation? Yes,” said Richardville, the Healthy and Productive Michigan spokesman.

He said his group so far has no plans to file suits.

Would the state be able to delay implementation?
Not really. Unlike the state’s 2008 medical marijuana law, which encountered numerous delays, the new recreational marijuana law sets a timeline for licensing commercial enterprises.

State regulators, however, must address some lingering issues. For instance, the state is required to set rules for edible products’ maximum levels of THC, the main psychoactive component in marijuana.

“I think some of us would be very adamant that LARA needs to take a real hard look at the 6,000 words (in the law) and see what they can regulate,” said Richardville.

The Legislature could theoretically pass a law to impact the measure, but doing so would require approval from a three-fourths of the Legislature, which is a tall task
 
Congratulations to Michigan! Her voters not only ended the failed prohibition on cannabis, but they also approved some very, very important changes to state govt.
I'm proud of all the Michiganders that voted! Thank you all!!
 
Congratulations, Michigan!!
 
Marijuana bill passes in Michigan: What you need to know

I'm a little late for the party. :smoke:This factoid caught my attention.
Once it takes effect, what can I do?
The law allows users to carry 2.5 ounces in public and at home have up to 10 ounces and 12 plants, as long as they are not grown in a location visible from outside.
That's significant being an upper central state. Some home growers might find that to be a 'self sustainable' amount. No reliance on shoppes or sellers. :nod:
 
Marijuana bill passes in Michigan: What you need to know

I'm a little late for the party. :smoke:This factoid caught my attention.
That's significant being an upper central state. Some home growers might find that to be a 'self sustainable' amount. No reliance on shoppes or sellers. :nod:

Actually I believe we can have more than 10 oz, if it was grown at home, and it must be locked up. 2.5 oz for traveling or carrying. That will make a lot of us legal again, lol.

As it is now there isn't any local dispensaries around me. They're mostly downstate near the more populated areas. The municipality can opt in or out, and I live in a red neck area that voted nay on legalization. But all in all this is great news for our state. And now were all hoping our legislatures don't muck it all up as they tend to do.
 
Komorn Law recommends keeping medical marijuana card and protections.

After the legalization of marijuana in Michigan, some patients are thinking they could stop paying the state $100 for the special mmp card , and just use the recreational marijuana law to grow their medicine.

A patient with a registered card can use the ultimate defense and immunity to avoid a driving under the influence charge.

Only adults 21 or over are protected by the new legalization law, but no one yet knows how the new law will affect driving privileges.

Is the zero tolerance of THC in your blood law still in effect for adult use marijuana ?

The new law is similarly worded to the Michigan Medical Marijuana Act.

Quote


Sec. 4. 1. This act does not authorize:

(a) operating, navigating, or being in physical control of any motor vehicle, aircraft, snowmobile, off-road recreational vehicle, or motorboat while under the influence of marihuana;



Whereas the MMMA says

Quote


333.26427 Scope of act; limitations.

7. Scope of Act.
Sec. 7. (a) The medical use of marihuana is allowed under state law to the extent that it is carried out in accordance with the provisions of this act.

(b) This act does not permit any person to do any of the following:

(4) Operate, navigate, or be in actual physical control of any motor vehicle, aircraft, snowmobile, off-road recreational vehicle, or motorboat while under the influence of marihuana.



While the meaning of "under the influence" was not decided within the MMMA until 2012, with People v Koon, that was 4 years of police arresting patients for driving with marijuana in their blood.

The court in People v Koon came to the conclusion:

Quote
This case requires us to decide whether the MMMA’s protection supersedes the Michigan Vehicle Code’s prohibition and allows a registered patient to drive when he or she has indications of marijuana in his or her system but is not otherwise under the influence of marijuana. We conclude that it does.

Ignoring that for a minute, the Michigan State Police have been tasked with sampling saliva during road side stops for a task force on marijuana driving. The task force was created in order to find a nanogram limit for THC in blood, even though 50 years of scientific research on the subject has consistently said marijuana does not affect driving.

http://komornlaw.com/35-years-research-reports-driving-cannabis-marijuana/

http://komornlaw.com/mmma-court-case-library/



So my advice is, if you are a patient, keep the patient card active until the courts either give up on all marijuana issues, or at least this driving issue , or it is decided by the Michigan Supreme Court.



Basically, until non-patients get a similar "People v Koon" ruling from the Michigan Supreme Court, it is advised that any patients keep their cards to protect them fully under the MMMA.

"Don't be the first person to test this in court."
 
Yes, whenever there is a fresh kill, the scavengers make out well. Lawyers are probably going to be one of the fastest growth sectors in the MJ business....sigh.

'Cannabis law' is a budding industry for Michigan attorneys

With the passage of Proposal 1 in last Tuesday's midterm election, Michigan attorneys are gearing up for an influx of people interested in the business side of the budding marijuana industry.

The doors seem to have swung wide open for marijuana businesses in Michigan. The excitement is there. But is the legal advice?

Cities across Michigan soon will have to develop local regulations and tax codes for marijuana businesses. All of this forthcoming motion into a new, highly sought-after industry also means attorneys will be weeding through hundreds of calls from new, potential clients who are looking to navigate the legal landscape of it all.

Michigan is the 10th state to allow marijuana for recreational use, and there are 33 others that allow it for medical use, though federal law still forbids its sale, transportation and cultivation. This sort of federal/state disconnect proves difficult for attorneys looking to provide clients with legal advice.

Many are fielding questions that range from where to set up a marijuana shop to how to get a recreational license without a medical one (hint: you can't). Plenty of attorneys already been cashing in on giving advice on the best way to navigate Michigan’s marijuana rules and regulations.

Attorneys are swamped
“This is the biggest development we've ever seen,” said Barton Morris of Cannabis Legal Group in Royal Oak. “Nothing is really going to happen until 2020, but people will still want legal advice.”

Morris’ firm has been getting an influx of calls since the election, but the firm itself has been marketing its services and strategic counseling via Facebook Live for months.

“We’ve done over 70 Facebook Lives because it is difficult to get all the information to people who want to get in,” he said. The firm also hosts marijuana law seminars.

The most important thing prospective marijuana entrepreneurs want to know, according to Morris, is which cities will allow a recreational license. Under the proposal, each city has the right to allow or deny recreational licensing.

That makes real estate crucial. Potential business owners have to know what city regulations say about operating near schools — and, on the more lucrative side, what cities will offer economic incentives, like tax exemptions.

Growing numbers of specialists

Shyler Engel, an attorney in Shelby Township, remembers back in 2011 when there were less than a dozen lawyers practicing cannabis law in the state. Now, the Marijuana Section of the Michigan State Bar has more than 700 registered attorneys.

"It is is fastest growing section of the state bar," said Engel. The section is aimed to "expand the knowledge of lawyers" by offering contacts, case law and resources to those "who engage in the practice of marijuana law."

Attorneys have largely been at the forefront of efforts to decriminalize marijuana. And the National Organization for the Reform of Marijuana Laws (NORML) was founded in 1970 with that in mind.

It may have been difficult to find a lawyer to help answer marijuana-related questions in the '70s, but not now. NORML offers a long list of specialists in all 50 states.

Some larger law firms are taking interest in the industry for the cash value, according to Morris, who is on the board of the Marijuana Law Section.

Firms such as Detroit-based Clark Hill have hundreds of lawyers, many of whom are devoted to marijuana business law. Clark Hill has 11 attorneys dedicated to cannabis practice, and will add more in the coming year.

And law firms across the state will be dedicating more resources to what once was considered a subsection of the practice.

'There is no precedent'
Attorneys, like Morris, often lobby municipal officials to help draft legislation, too. The proposal was designed to mirror that of the medical marijuana program. But recreational business brings its own complexities when filing business license applications and negotiating agreements.

Since there is only about a decade of case law to cite, attorneys have to keep up to date on prior and forthcoming litigation in order to make legal judgments. Sometimes that means interpreting things that haven't been yet decided in the courts.

“There is no precedent to what we are doing,” said Morris. “But our clients need answers, they need to make large money decisions.”

And because there is such little legal precedent for navigating, some institutions have been hesitant to jump in. Most law schools in Michigan don’t offer courses on so-called “pot law.”

Northern Michigan University in Marquette was the first university in the nation to offer a four-year degree in marijuana chemistry and business that looks at all aspects of the marijuana industry.

Western Michigan University, Cooley Law School has offered a Medical Marijuana class for several years now, but it deals with the “ethical issues inherent in the subject of drugs and the law” not how to navigate the business side of the industry. University of Denver's law school offers a "cannabis regulation" course, and in 2013 Harvard had a guest lecturer specifically for tax planning aimed at marijuana dealers.

What's next
Despite an array of legal challenges ahead, Engel is not worried, emphasizing that Prop 1 is a victory and creates a new, exciting market for the state. He said the legislation will also keep every kind of lawyer busy: from property and corporate lawyers, to criminal lawyers.

“All attorneys will have more work because of the legalization of cannabis,” said Engel. “Michigan attorneys are well equipped to handle it, and I look forward to all the new issues that come from this.”
 
“Legalized marijuana allows ice creams, cookies and candies with unlimited potency, making its way into our schools and playgrounds, putting the lives of our children and grandchildren at stake,” the ad states.
Good reason to pull an ad with this crap in it, IMO.

TV Stations Pulled Anti-Legalization Ads Ahead Of Midterm Marijuana Votes, Advocates Say


In the run-up to Election Day, at least two Michigan television stations pulled political ads promoting false claims about the state’s ultimately successful marijuana legalization measure, cannabis reform advocates told Marijuana Moment.

The ads, paid for by prohibitionist committee Healthy and Productive Michigan (HAPM), attempted to stoke fears about legalization, incorrectly claiming that the initiative would allow for “unlimited potency” cannabis products.

“Legalized marijuana allows ice creams, cookies and candies with unlimited potency, making its way into our schools and playgrounds, putting the lives of our children and grandchildren at stake,” the ad states.



But that claim was fact-checked by the pro-legalization Coalition to Regulate Marijuana Like Alcohol, which raised the issue with television and radio stations where the ads were being run. Two stations—WWMT and WPBN—decided to pull the ads, according to committee treasurer Matthew Schweich, who also served as deputy director for the national Marijuana Policy Project.

“I pointed out that Proposal 1 required that the regulator, the Michigan department of licensing and regulatory affairs, set a maximum potency level for edibles per Section 8 of the initiative,” Schweich said. “I felt it was necessary to prevent Healthy and Productive Michigan from misleading voters through the use of demonstrably false claims.”

The paid-for ad spots were seemingly then filled by another one of HAMP’s ad, which features former Denver Mayor Wellington Webb encouraging a “no” vote on legal cannabis.



Much of the footage appears to be from the same shoot that prohibition advocates used in advertisements against Arizona’s 2016 marijuana legalization ballot measure, suggesting that opponents of the Michigan proposal were in quite a scramble to find a replacement for their state-specific ad that TV stations would no longer air.

“It is somewhat uncommon for TV stations to pull political ads and this is the first time I’ve seen it happen on the six marijuana reform initiatives in which I’ve been involved over the past four years,” Schwich said. “It is representative of the dishonest campaign that prohibitionists ran in Michigan.”

All told, the anti-legalization committee spent about $340,000 on broadcast television ads—in addition to another roughly $350,000 on cable television ads—and the two stations that pulled the spot in question accounted for about one-third of the total over-the-air spend, according to Schweich.

Marijuana Moment reached out to the anti-legalization committee—as well as prohibitionist group Smart Approaches to Marijuana, which provided significant contributions to HAMP and also promoted the ad—for comment, but did not hear back by the time of publication.

The “unlimited potency” ad wasn’t the HAMP’s only attempt to persuade the public to vote against full legalization in Michigan. In another ad, the group’s president makes misleading claims about the impact of reform on traffic safety, falsely conflating active impairment from marijuana with the presence of cannabis metabolites in drug tests, for example.


And then there were a handful of generic anti-legalization ads like this one that relied chiefly on fear-mongering.


Representatives for the Sinclair Broadcast Group, which owns both Michigan television stations, also were not immediately available for comment.

Michigan voters approved the marijuana legalization measure by a sizable margin on Election Day.
 
IMO, opt out of the program, then you opt out of the revenue sharing. End of story as far as I can see....

Some Michigan communities say no to legal marijuana businesses


Some Michigan communities are already saying no to marijuana businesses after voters approved the use of the drug for people 21 and older .

The South Bend Tribune reports the Niles City Council in southwestern Michigan voted Monday to temporarily opt out of allowing retail marijuana sales in the city. Council members have said they’re waiting for the state to sort out rules and regulations for the sale of marijuana.

The Herald-Palladium reports the southwestern Michigan community of St. Joseph also is among those expected to opt out.

In southeastern Michigan, WHMI-FM reports the village of Pinckney adopted an ordinance Monday prohibiting marijuana establishments for now due in part to the potential strain on community resources such as police and zoning.

Voters last week approved the recreational use of marijuana.
 
Finding seeds to grow marijuana at home in Michigan will be hard

Allowing folks to grow their own marijuana without fear of criminal prosecution is part of the ballot proposal that voters approved on Tuesday, but getting the materials needed to start a home-grow may be a challenge for budding horticulturists.

Until the recreational marijuana market gets up and running, one option is to get seeds or marijuana clones from someone already growing marijuana for medical use. But those items can only be given away, not sold.

Or you can buy seeds online, though that will put home growers at risk of violating federal law.

Marijuana use, possession and growing becomes legal in Michigan 10 days after the Board of Canvassers certifies the election results, which should be sometime in December.

But actual marijuana, along with the seeds and cannabis cuttings used for home grows, won’t be commercially available for sale until the state Department of Licensing and Regulation develops the rules governing the adult recreational market. And that won’t happen until probably early 2020.

“The longer it takes the state to set up retail stores, the more people will be home growing,” said Matt Abel, executive director of the Michigan chapter of the National Organization for the Reform of Marijuana Laws or NORML. “I expect a rush on the grow stores in December because people are going to be getting lights and fans for Christmas.”

The ballot proposal allows people at least 21 to grow up to 12 plants for personal use as long as they don't sell any of the pot. But how does one start a personal grow without easy access to seeds or plants?

Marijuana seeds are available for sale online. But shipping that product across state lines is still considered a crime because the federal government classifies marijuana as an illegal substance.

“Absolutely not — nothing is legal when it’s shipped across state lines,” said Barton Morris, a Royal Oak attorney specializing in the laws surrounding the marijuana industry.

Caregivers, who have been legally growing medical marijuana under a 2008 Michigan law passed by voters, can give away marijuana, seeds and clones — rooted cuttings from existing marijuana plants — but under the ballot proposal passed on Tuesday, they can’t accept payment for those items. And they can’t give it away to anyone under the age of 21.

Currently, there are 43,056 registered caregivers in Michigan, who are allowed to grow up to 12 plants for each of five patients, and there are 297,515 registered medical marijuana cardholders in the state.That system stays in place even with the law that voters passed by a 56-44 percent margin on Tuesday.

Abel said that provision may result in some fast and loose ways to get seeds and clones to gardeners.

“Under the Michigan recreational law, you can give cannabis to someone, you can gift it,” he said. “In Washington D.C., it’s legal to possess, but not legal to sell marijuana. So, some people are saying, ‘Buy this coffee mug for $50 bucks and we’ll fill it with cannabis.’ ”

Morris said that would not be a wise choice for Michiganders looking to get into the home grow market.

“That’s not legitimate. It’s so obvious that it’s an attempt to work around the law,” he said. “That defeats the entire purpose of the law.

“If we’re seriously going to try to transition to a commercial market, we’re just going to have to wait for it,” Morris added. “Colorado didn’t happen immediately and we won’t either.”

 
So pot's legal in Michigan — what now?
By Larry Gabriel



It's a big deal that voters legalized recreational marijuana in Michigan.

We can all exhale now. That's not a weed joke. Cannabis supporters and activists have been holding their breath these past fews weeks before the big vote to legalize recreational marijuana on Tuesday, Nov. 6. Healthy and Productive Michigan came on with a last-minute barrage of anti-marijuana advertising, rattling some folks. But when it came down to it, Michigan voters came through for weed.


"It was like the light at the end of the tunnel first opening," says Christeen Landino, assistant executive director of the Michigan Affiliate of the National Organization for the Reform of Marijuana Laws, or MiNORML. "The light was becoming brighter but it burst open Tuesday night like a dream fulfilled."

More than 2 million other Michiganders shared that dream with a decisive decision. It's not "hazy" or "unclear" or "foggy" or any of those adjectives people who oppose marijuana reform want to use to label the new laws. There is no doubt about where voters stand on the issue.

"The Proposal 1 campaign boiled down into one of fact versus fear," Josh Hovey, spokesperson for the Coalition to Regulate Marijuana Like Alcohol said in a statement released after the election. "The data from the nine other states to have legalized marijuana made clear that regulation and taxation are a better solution. Legalization of marijuana will end the unnecessary waste of law enforcement resources used to enforce the failed policy of prohibition while generating hundreds of millions of dollars each year for Michigan's most important needs."

We now live in the 10th state to legalize recreational marijuana, the first state in the Midwest, and the second most populous state to do so after California. It may have been the culmination of a dream, but there was a lot of work over the long term that brought it home to this state. This is the result of decades of efforts — political, legal, social, and cultural — that culminated with Michigan voters choosing to say yes to cannabis and no to prohibition.

Michigan's choice also came in what has been a stellar year for marijuana in North America. A couple of weeks ago Mexico's Supreme Court declared that country's recreational marijuana prohibition unconstitutional — in effect, legalizing the plant. Last week a Mexican senator introduced a bill that would formalize that legalization. And Canada legalized recreational use Oct. 17.

So now recreational marijuana is legal along the entire Pacific Coast of the continent. One could travel from Nome, Alaska, to Tapachula in Chiapas, Mexico, and find legal adult-use recreational marijuana everywhere along the route.

Another look at the map shows Michigan pulling the great American Midwest into the mix. That caught the attention of Late Night host Stephen Colbert, who displayed a graphic of our state as a bong with the thumb area as the bowl to make a joke about "hittin' the mitten."

But that won't be happening right away. Once the vote is certified by the Michigan Board of Canvassers, it will be 10 days before the law goes into effect; this could happen in a month or so. For practical purposes the personal use components of the law will go immediately into effect for adults 21 and older. Adults may have up to 10 ounces in the household, as well as up to 12 plants growing in an area that is not visible from public areas. As far as stores where you can buy the stuff, don't expect to see any of those until at least 2020. All municipalities can choose to allow marijuana businesses or not.

None of this affects the Michigan Medical Marihuana Act at all, nor does it change anything for medical patients. The law does not permit marijuana use in public places, and driving under the influence of marijuana remains illegal.

With recreational legalization we're again creating a new system of licensing and distribution. That may not take as long as it has taken to set up the medical marijuana system for a number of reasons. For one, the new state executives are more marijuana-friendly than past administrations. The idea of expunging convictions for some past marijuana-related offenses has already been discussed on governor-elect Gretchen Whitmer's transition team.

Attorney general-elect Dana Nessel suggested that idea during her campaign. According to activist Ryan Basore, Nessel has already reached out to the cannabis community to say that she intends to honor her campaign promises. That means things like a sincere implementation of Prop. 1, addressing issues with the Medical Marijuana Licensing Board, expungement, and more.

One of the big arguments for marijuana legalization has been that it will get the police off our backs and onto doing other things, like catching rapists and responding to citizen calls. We're already seeing a response on that. Here is a statement from the Michigan State Police regarding their policies going forward:

"The MSP will consult with the Michigan Attorney General's Office to determine specific impact on existing department policies and procedures, and will then train our members to ensure the new law is applied appropriately."

In a post-election news conference, Kevin Sabet, president of Smart Approaches, the national group behind Healthy and Productive Michigan, promised prohibition will rear its ugly head again: "We're not done with Michigan. We're going to make sure it's a long road to pot shops."

We'll see how that sentiment plays out. Whitmer and Nessel will have plenty of concerns that this is done right, and they will not be looking for ways to muck it up (like outgoing Attorney General Bill Schuette has for the past decade). There may be other legislators who want to do that, but the new law specifies that the state begin handing out licenses within a year.

Another reason getting a recreational system off the ground may be quicker than the medical system is that the medical system is actually — finally — getting started now. Folks over at the Department of Licensing and Regulatory Affairs may have had an eye on the possibility of building a recreational system as they build the medical system.

"Proposal 1 identified LARA as the department that is responsible for implementing the Michigan Regulation and Taxation of Marihuana Act," LARA director Shelley Edgerton says. "Our licensing and regulatory infrastructure for medical marijuana can be scaled up to incorporate the oversight of adult-use marijuana. We intend to offer more details regarding the commercial production and distribution of marijuana for adult-use after the Michigan Board of Canvassers certifies the election."

That's another good sign.

The night of the election there were watch parties around the state. I chose to go to a Tuesday night card game with some old stoner friends. At about 8 p.m. I rolled myself a victory joint from the stuff I grew this summer. It sat there all evening as returns showed Prop. 1 ahead, but it seemed newscasters were reluctant to call a win. I didn't get to smoke that joint until just after midnight when I was back home. It seemed well worth the wait.

Let's hear it for the women of Michigan's marijuana movement

There have been plenty of heroes in this war against marijuana prohibition — starting with the more than 2 million voters who cast their ballots in favor of Prop. 1 on Election Day. In addition, there were plenty of other people who have put their lives on the line and gone to jail, along with an army of attorneys and activists. One could fill up this column with the names of those heroes and still leave plenty out. I'm not even going to try right now.

However, in the spirit of the year of women in politics, and in the spirit of marijuana-friendly women winning in state politics this year, it's appropriate to mention a few more of them who have been stalwarts on the legalization trail. Women have been key at every step of the way, joining panel discussions, lobbying in Lansing, proofreading the proposed laws, gathering signatures, joining demonstrations, and getting out the vote.

One of the longest on the scene has been Christeen Landino. She's been the assistant executive director of Michigan NORML since 2003, but she goes way further back than that. Landino recalls getting busted for pot in 1968 and attending her first demonstration about marijuana in Detroit in 1974. That one was in support of a decriminalization effort that never made it to the ballot.

"Ladies are a godsend to the marijuana movement," says Landino. "With the men it's a lot of ego, a pissing contest in front of the crowd. Women are more cogs in the wheel that kept the wheel turning and turning and keeping things going forward."

Landino became more vocal in the movement in the early 2000s, when she landed on the board at MiNORML. She remembers being close to other ladies at NORML such as Carol Reed, Melody Carr, and Trina Moss. In the next step of marijuana business developments, Landino is hoping to see the continued involvement of women.

"We've got to get in on the ground floor of this industry and help shape it," she says. "We coddled it to get it born, taking the public from a mindset of reefer madness to where this is a reasonably accepted medicine."

Another woman who has been active in the movement is Robin Schneider, who has worked as a lobbyist and in other roles for marijuana causes in Lansing. She was involved in advocating for medical marijuana laws and in the 2016 legalization effort that didn't make the ballot. When she was a child, Schneider spent some Christmas Days visiting her father, who was sentenced on a cannabis charge, in jail. Schneider worked behind the scenes for the Coalition to Regulate Marijuana Like Alcohol team that managed the legalization campaign.

Charmie Gholson has supported the efforts for legalization, with a focus on those who have been the victims of the war on drugs. Gholson is a journalist who has worked for Law Enforcement Against Prohibition, a national organization of former police officers, and founded and edited the Midwest Cultivator. She was founder of Michigan Moms United, an organization working to stop asset forfeiture by police. She's also worked on investigating civil rights complaints against police in cannabis cases.

When it comes to standing up for medical marijuana patients and maintaining a focus on where they stand as we move toward medical marijuana, Brandy Zink has had unflagging enthusiasm. Zink uses marijuana to control seizures from her epilepsy. She's a founding member of the Michigan Chapter of Americans for Safe Access, one of the nation's largest medical marijuana patient advocacy groups, and has regularly traveled to Washington, D.C., to lobby Congress about marijuana.

Over the past few years Anquanette Jamison Sarfoh has been an ambassador for cannabis and a link to the world of mainstream media. Sarfoh is a former Fox 2 news anchor who retired from the Detroit station with the announcement that she used medical marijuana to treat symptoms of MS and that she was becoming a cannabis activist. Sarfoh has spoken at the Ann Arbor Hash Bash and participated on panels debating marijuana in the Detroit area.

The marijuana world has the same issues that beset the rest of the business world when it comes to women having a seat at the table. Women have fought hard and faced dangers as they protected their families from the ravages of the war on drugs.

"Women are more active in the workplace," Landino says. "A lot of women are poised to take over."

Provisioning centers still open

It's not real clear what happened in Judge Stephen Borrello's courtroom last Friday. The state Department of Licensing and Regulatory Affairs had a show cause hearing in the Court of Claims to justify the Oct. 31 shutdown of unlicensed provisioning centers the office is pursuing. After some three hours of meeting on Nov. 9, Borrello extended his temporary stay against shutting down provisioning centers, and against setting any dates to do that. Borrello said he needed more time to think about the decision and indicated no timetable as to when he would make a decision.

We are well past Oct. 31, so any decision made will be for a future date when all open storefronts must be in compliance with state licensing. It seems the soonest a deadline could be is Dec. 15. Even at that date, there will not be enough marijuana in the system to meet the demand. The majority of the stores operating in Michigan have been operating without licenses for several years, so letting them operate like that for another six months isn't going to be a problem. When when we have enough product going through the system, then they should shut down the places that haven't qualified for licenses.

Rust Belt goes green

Michigan is first in the Midwest to legalize recreational marijuana, but it looks like there might be a rapid tumbling of prohibition in the old Rust Belt. Several Ohio cities approved decriminalization measures in the recent election as warm-ups for a Nov. 5, 2019 vote on a recreational use initiative. New Illinois governor-elect J.B. Pritzger, who made legalization a centerpiece issue of his campaign, said that he wants to legalize recreational marijuana immediately after he is sworn in early next year. Minnesota governor-elect Tim Walz tweeted in August, "I support legalizing marijuana for adult recreational use by developing a system of taxation, guaranteeing that it is Minnesota grown, and expunging the records of Minnesotans convicted of marijuana crimes."

Finally, some counties in Wisconsin passed nonbinding referendum votes calling for reform of marijuana laws. Indiana lawmakers are considering medical marijuana. It looks like a potential Midwest Great Lakes cannabis industry in the offing.

Who is a marijuana user?

A friend of the family who is in her mid-70s called me after the election. She is not a marijuana proponent. However, she spends a couple of months each winter with her daughter in California. Last year while there she was given a cream to rub on her painful knees that was very effective. She left it there last year because she feared running afoul of the law here. After Prop. 1 passed, she called to ask if she could bring her knee cream back from California this year.

I ask you, is this woman a marijuana user or not?
 
Michigan recreational marijuana expected to be legal by Dec. 6

Michigan's recreational marijuana law is expected to take effect by Thursday, Dec. 6, according to state officials.

That's exactly one month after 56 percent of voters said "yes" to Proposal 1, the Michigan Regulation and Taxation of Marihuana Act.

The reason for the delay is procedural: the law takes effect 10 calendar days after the Board of State Canvassers meets to certify the election results.

The Board of State Canvassers is expected to meet Nov. 26, said Secretary of State Spokesman Fred Woodhams.

That means the law will take effect Thursday, Dec. 6, said Woodhams and David Harns, spokesman for the Department of Licensing and Regulatory Affairs.

As of Dec. 6, adults over the age of 21 can possess and consume marijuana in the privacy of their homes. It remains illegal to drive under the influence of marijuana. The state has one year to develop rules for a commercial marijuana industry in the state, and has to accept the first business license applications in December 2019.

In the week since the election, a number of Michigan communities have decided to ban recreational marijuana businesses. Some have indicated the action is temporary as they await the state's rules and regulations.

Meanwhile, universities and colleges are reminding their students, faculty and staff that their policies regarding marijuana use and possession have not changed despite the passage of Proposal 1 -- and that campuses are to remain drug-free.
 

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